AN ACT relating to disciplinary actions.
Create a new section of KRS Chapter 161 to require a teacher to submit to random drug testing for a period not exceed 12 months if the teacher has been reprimanded or disciplined as a result of illegal use of controlled substances; require a teacher who had his or her certification suspended or revoked as a result of illegal use of controlled substances to submit to random testing in accordance with administrative regulations promulgated by the Education Professional Standards Board; require an administrative or judicial proceeding before drug testing of a teacher; define "teacher" as any person for whom certification is required for employment in the public schools of the commonwealth; permit the Education Professional Standards Board to require other conditions for reissuance of reinstatement of certificate; and require that administrative regulations shall ensure due process.

HCS - Retain provisions of SB 109/GA; amend KRS 158.440 to require school districts to have plans, policies, and procedures dealing with measures for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student; amend KRS 158.441 to define "harassment, intimidation, or bullying"; amend KRS 158.148 to require school districts to formulate a code of acceptable behavior and discipline that prohibits harassment, intimidation, or bullying of a student and includes procedures for identifying, reporting, investigating, and responding to complaints, a strategy for protecting complainants from retaliation, a process for annually discussing the code and the consequences of violating the code with students and their parents or their legal guardians; require school districts to provide training on the district's acceptable code of behavior to school employees who have direct contact with students if funds exist for this purpose; require school districts to include code of acceptable behavior in district employee training manual; require school councils that propose to adopt an instructional program or curriculum designed to instruct students on issues regarding harassment, intimidation, or bullying to afford parents, in a timely manner, the right to inspect and review the instructional material prior to adoption and to address the council on the proposal prior to its adoption; provide parents and legal guardians the opportunity to opt out their students from programs or curriculum regarding harassment, intimidation, or bullying; specify that students who are opted out shall remain subject to the policy that prohibits harassment, intimidation, or bullying; amend KRS 158.150 to include student harassment, intimidation, or bullying as a cause for suspension, expulsion, or other appropriate disciplinary action; amend KRS. 158.444 to require local school districts to report to the Kentucky Department of Education all incidents where a student has been disciplined for harassment, intimidation, or bullying three times in a single semester or where an individual has been the object of three or more documented incidents of harassment, intimidation, or bullying in a single semester; create a new section of KRS Chapter 158 require that all student data collected that is related to harassment, intimidation, or bullying be subject to the confidentiality provisions of both the federal and the Kentucky Family Education Rights and Privacy Acts and afford parents the right to inspect or challenge student records as permitted under those provisions; require individual student data collected that is related to harassment, intimidation, or bullying to be placed in the student's disciplinary record; create a new section of KRS Chapter 158 to provide immunity to school employees or students from a cause of action for damages arising from reporting in good faith a student's disruptive or disorderly behavior if school and district procedures are followed regarding the report; make technical corrections.